How Appealing

Tuesday, December 17, 2013

"After Ruling Critical of N.S.A., Uncertain Terrain for Appeal": Adam Liptak will have this article in Wednesday's edition of The New York Times.
Posted at 09:28 PM by Howard Bashman

"Judge in Pa. gay marriage suit nixes state appeal": The Associated Press has a report that begins, "A federal judge hearing a challenge to Pennsylvania's law banning recognition of same-sex marriages is keeping the case on track for trial by preventing an appellate review at this stage."

I have posted online at this link today's memorandum and order of the U.S .District Court for the Middle District of Pennsylvania refusing to certify the case for immediate appellate review.
Posted at 05:42 PM by Howard Bashman

"The Case That Could Topple Obamacare": Pema Levy has this article online today at Newsweek.

According to the article, "It all started in 2011, when Jonathan H. Adler, a conservative law professor at Case Western Reserve University in Ohio, shot an email to his friend Michael Cannon, a health policy expert at the libertarian Cato Institute in Washington, D.C."
Posted at 05:33 PM by Howard Bashman

"Appeals court says smokers can't sue to get monitoring for future illness": The Buffalo News has this update.

You can access today's ruling of the New York State Court of Appeals -- that state's highest court -- at this link. The issue was before that court on certified question from the U.S. Court of Appeals for the Second Circuit.

In response to the ruling, Philip Morris USA issued a news release headlined "New York Court of Appeals Rejects Claim for Medical Monitoring."
Posted at 05:04 PM by Howard Bashman

"NSA Case: Where Do We Go From Here?" Joe Palazzolo and Jacob Gershman have this post today at's "Law Blog."
Posted at 02:20 PM by Howard Bashman

In today's mail: I received a review copy of Fifth Circuit Judge Leslie H. Southwick's memoir, "The Nominee: A Political and Spiritual Journey."

Thanks to the folks at University Press of Mississippi for noticing my earlier post about the book.
Posted at 02:10 PM by Howard Bashman

"Appeals court upholds life sentence in terror case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:22 PM by Howard Bashman

"Snap Out of It: If this judge doesn't buy the legal basis for the NSA's intrusive phone snooping, no one should." Emily Bazelon has this essay online at Slate.
Posted at 01:18 PM by Howard Bashman

"Ginsburg: justices should stay if able to work." The Associated Press has this report.
Posted at 01:16 PM by Howard Bashman

"Justice Ginsburg happy to no longer be confused with Sandra Day O'Connor": The Washington Post has this news update.
Posted at 12:18 PM by Howard Bashman

The contents of the December 2013 issue of The Yale Law Journal can now be accessed online: Via this link.

In the issue, law professor Michael W. McConnell has a book review titled "Why Protect Religious Freedom?"
Posted at 12:01 PM by Howard Bashman

"Justice Department Defends Law Banning Protests at Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times."
Posted at 11:55 AM by Howard Bashman

"Congratulations To The 2014 Bristow Fellows": David Lat has this post today at "Above the Law."
Posted at 11:26 AM by Howard Bashman

"The Constitution's Vanishing Act: For decades, Supreme Court justices have been rewriting key parts of our governing document." Law professor Richard A. Epstein has this essay online at the Defining Ideas site of the Hoover Institution.
Posted at 11:23 AM by Howard Bashman

"Will The Supreme Court Finally Decide How Much Information Is Too Much?" Daniel Fisher has this post online today at
Posted at 11:20 AM by Howard Bashman

"'A Mistake Has Been Made Here, and No One Wants to Correct It'; Without DNA evidence, how could we challenge the eyewitness testimony that sent our client to prison for 34 years?" Law professor Lara Bazelon (yes, she's one of Emily's younger sisters) has this jurisprudence essay online at Slate.
Posted at 11:03 AM by Howard Bashman

"Why Google, Twitter and Tumblr Are Backing the 'Dancing Baby'; A six-year-old viral video sparks an important battle over copyright law": Sam Gustin has this report online at Time magazine.
Posted at 10:58 AM by Howard Bashman

How hellish is your judicial hole? Via Daniel Fisher writing online at Forbes, I see that the American Tort Reform Association has issued the latest installment of its pro-business annual survey titled "Judicial Hellholes 2013/2014."

As noted in this news report from 2012, the Chief Justice of the Supreme Court of Pennsylvania referenced the "judicial hellhole" designation, apparently in jest, during my opposing counsel's presentation at an oral argument of mine (you can access the oral argument video online via this link). As I first noted in this post, yesterday my clients (the plaintiffs) won that case.
Posted at 10:45 AM by Howard Bashman

The Wall Street Journal's "Law Blog" has emerged from behind that publication's online paywall: A reporter for The WSJ who contributes to that blog from time to time emailed me this morning to convey the news. Before this change took place, the full contents of certain posts were hidden behind the paywall, while other posts were freely accessible in their entirety.
Posted at 10:26 AM by Howard Bashman

"FIRE and Broad Coalition File Brief Defending Free Speech in Student 'Facebook Collage' Case": The organization Foundation for Individual Rights in Education (FIRE) issued this news release yesterday about an amicus brief that FIRE and 11 other organizations sought leave to file yesterday in the U.S. Court of Appeals for the Eleventh Circuit.

FIRE has posted additional information about the case at this link.
Posted at 09:48 AM by Howard Bashman

"'Passionate' Judge Has Record of Wrestling With Thorny Issues, and the U.S. Government": This article appears today in The New York Times.

At, Josh Gerstein has articles headlined "NSA ruling fallout hits White House" and "Larry Klayman crows on NSA win: 'We hit the mother lode.'"

And online at The Atlantic, Andrew Cohen has an essay titled "Judge's Ruling Could Jeopardize NSA Surveillance; A D.C. trial judge says the government's 'bulk metadata' program relies on a 34-year-old precedent obviated by current technologies."
Posted at 09:40 AM by Howard Bashman

"Laughtergate: The Day the Laughter Died at SCOTUS." Michelle Olsen has this post today at her "Appellate Daily" blog.
Posted at 09:32 AM by Howard Bashman

"Republicans Warn Supreme Court That EPA Program 'Threatens Liberty'": National Journal has this report.
Posted at 08:15 AM by Howard Bashman

"Report: Nevada Supreme Court, Clark County justices carry heavy caseloads; Compared with other counties and states, Nevada judges see a lot of cases." The Las Vegas Sun has this article.
Posted at 08:14 AM by Howard Bashman

"U.S. Supreme Court refuses to hear Beaver County family's appeal on school bullying claim": The Pittsburgh Tribune-Review has this report.
Posted at 08:07 AM by Howard Bashman

"With sex-work ruling, Supreme Court can be on the right side of history": Online today at The Toronto Globe and Mail, Kyle Kirkup has an essay that begins, "On Friday, the Supreme Court of Canada has the opportunity to be on the right side of history when it releases its decision in Bedford, a case challenging the constitutionality of Canada's sex-work laws."
Posted at 08:06 AM by Howard Bashman

"Shrinking high court docket bedevils conservatives; Several key cases are dismissed for technical or legal reasons, and liberals breathe a sigh of relief; Even the upcoming test over presidential 'recess appointments' has lost some steam": Richard Wolf of USA Today has this report.
Posted at 08:03 AM by Howard Bashman

"U.S. Supreme Court upholds biotech exec's fraud conviction": Bob Egelko of The San Francisco Chronicle has this report.
Posted at 08:00 AM by Howard Bashman

"Tea party and political buttons: Supreme Court declines Minnesota case; Conservative groups, including the Minnesota North Star Tea Party Patriots, said a state election law violated voters' free speech rights; The action by the Supreme Court lets stand a federal appeals court decision upholding the statute." Warren Richey of The Christian Science Monitor has this report.
Posted at 07:56 AM by Howard Bashman

"Court: Gov. Nikki Haley, SC officials can be sued for Occupy arrests." This front page article appears today in The State of Columbia, South Carolina reporting on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 07:42 AM by Howard Bashman

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